06 Jun When Will I Receive My Personal Injury Settlement?
Receiving a Personal Injury Settlement
Filing a personal injury claim is never an easy or fun process. Every person who’s experienced a personal injury has the right to seek compensation, but the process can be nerve-wracking. Not only do you deal with the immediate after-effects of an accident, but you also have to deal with the long-term effects. Once you’ve found yourself the right personal injury lawyer, the hard part is over. Finding an attorney that you trust and who will give you fair and honest legal representation is the most important part of filing a claim. But once you’ve found someone to help you through the personal injury claim and negotiations, you may have a few questions.
So, when will you receive your personal injury settlement? Obtaining a personal injury settlement varies depending on the case. This goes hand-in-hand with the amount of settlement agreed upon, which also varies from case to case. No two personal injuries are the same, which means each settlement looks different depending on the case’s circumstances.
Settlement refers to the monetary compensation that a plaintiff receives from the defendant. To get the best estimated time for when you’ll receive your personal injury settlement, consult with a personal injury lawyer. The lawyers at Truskett Law can help you to understand what compensation you deserve and estimate when you’ll receive a settlement.
When you are left with injuries from an accident, the person or party that was the cause of your injuries is usually held liable to compensate you. When you’re injured, you have the right to file a personal injury claim. Often, if the accident is caused by a motor vehicle, a third-party claim is filed through the other person or party’s insurance company.
The negotiations that your personal injury attorney does on your behalf outside of the courtroom are what result in a settlement. A settlement is a resolution between two or more disputing entities or parties about a legal claim. Settlement can be reached before, during, or after going to court. Although, it’s most likely that you will settle before going to court. 95% of personal injury cases are settled out of court.
Factors That Influence Personal Injury Settlements
Various factors affect the amount of settlement you’ll receive and sometimes when you’ll receive it. Therefore, you must find a trustworthy legal representative to negotiate on your behalf. Here are a few factors to consider:
- Medical Expenses: If you’ve suffered personal injuries, you should first seek medical attention immediately. Settlement can include various medical expenses, including surgery, medication, hospitalization, therapy, medical equipment, and more.
- Fault Percentage: Oklahoma is an “at-fault” state. This means the person who caused the accident compensates the other driver’s expenses. The appropriate authorities, like the police at the scene of the accident, will help to determine who is at fault. Even if you hold a percentage of the blame, you should still seek compensation. Your payment may be reduced due to being partially at fault.
- Injury Severity: If you suffer long-term or more disabling injury, you may be entitled to a higher settlement amount. A more long-long term injury may inhibit your ability to earn income. Minor injury settlements are often lower due to lower medical costs. A settlement should calculate not only your current expenses but it should also include any anticipated expenses or losses.
- Treatment Duration: The extent of your treatment duration will affect your settlement. This could include how long you need medical care or how long you are prescribed medication.
- Treatment Type: Sometimes, insurance companies will only reimburse medical expenses that are “reasonable and necessary.” Be sure to talk to your personal injury attorney about what compensation you’re entitled to.
It can often be easier to settle outside of the courtroom. Talking with an experienced legal professional can help you settle or help you if your trial goes to court.
Here are a few benefits of settling:
- Quick Payout: Settlements are often much faster compared to trials. Trials are time-consuming and can take months to even years to resolve. Settling can also help you focus your time and efforts on recovering instead of focusing on the accident.
- Guaranteed Monetary Compensation: It’s more likely that you can secure more damages from a trial rather than a settlement. However, that’s not always a guarantee. During the trial, the judge can decide against you, leaving you with less compensation than you’re entitled to or even none at all.
- Lower Costs: The longer your case is at trial, the more attorney fees and court costs accumulate. Legal hearing can not only be costly but lengthy. In addition, if you don’t win your case, you may be held responsible for paying the court costs for the opposing party.
- There’s Less Risk in Settling: About 10% of trials that go to court rule in the plaintiff’s favor. If you file against an insurance company, the jury may be persuaded in favor of the defendant.
Several factors influence your settlement, including:
- The expense of treatment
- The degree of the injuries sustained
- Your income and earning capacity
- Future medical costs
- Your family situation and your age
- Loss of earnings, property damages, and other losses
- Jurisdiction, precedence, and community norms, and
- How sympathetic you’d be to a judge or jury
Finding An Attorney Who Will Negotiate Your Settlement
If you or a loved one has injuries or damages from an accident, you need to find a personal injury attorney to represent you as soon as you can. An attorney can help you get compensation, file a personal injury claim, and seek a settlement. It’s critical to have an attorney on your side and is willing to walk you through every step of the way. When it comes to any legal matter, you need a lawyer you can lean on and trust.
Unfortunately, not every lawyer is a seasoned personal injury attorney willing to fight for you and give you the best representation possible. You need to find an attorney who is passionate about seeking the compensation you deserve. Truskett is excellent about advocating for you and pursuing the settlement you deserve!
When you choose a lawyer to help pursue a settlement, choose one who genuinely cares for you and your long-term welfare. Unfortunately, some lawyers care more about what they’re paid at the bottom line rather than your wellbeing. So when you meet for a consultation, ensure that you communicate and set your expectations.
As a victim, when you suffer injuries regardless of their severity, monetary compensation may be an option when settling. When you or a loved one is involved in an accident, seek immediate medical attention. If those involved don’t need medical attention, start to gather as much information as possible.
Documents and evidence are necessary for a trial as well as for a settlement. This could include police reports, medical documents like bills and records, notes, photos, witness statements, employee records to show lost wages, insurance policy information, and pain journals.
A personal injury lawyer is there to help you gather the evidence and documents necessary, so you don’t have to do it alone. You won’t have to gather all the documentation before you consult with a personal injury lawyer. When you consult with an experienced, trusted personal injury attorney, they’ll advise you on the best settlement options.
They’ll help determine the best support for your case and give you an estimation regarding the settlement. Your attorney will help to negotiate a settlement on your behalf after they’ve gathered the necessary information and documentation!
Truskett Personal Injury Lawyers
At Truskett, we understand how difficult it can be after an accident. We’re dedicated to walking you through the legal process, no matter if you settle inside or out of court. Additionally, we’ll help evaluate your case and give you an estimation for your settlement. Truskett focuses on personal injury, car wreck injury, semi-truck crashes, surgical injuries, property damages, wrongful death cases, catastrophic cases, insurance disputes in Oklahoma, nursing home negligence, unintentional falls, pedestrian injury, defective products, injuries from animals, and birth injury.
Truskett attorneys have over a decade of experience as personal injury lawyers who exclusively practice personal injury law. We are proud to serve as Tulsa’s number one rated personal injury lawyer on Google reviews. We strive always to be accessible and available to our clients.
You’re our top priority, so we’ll always be honest with you about your case, whether it’s good or bad. We dedicate ourselves to your case and will take the time to ensure that you understand the settlement process and your rights. We’ll help to provide clarity for your legal decisions. Additionally, we’ll help to give you peace of mind.
At Truskett, we believe that you have the right to honest and fair representation and that a full recovery is worth fighting for. An accident can affect not only your daily life but the rest of your life. We handle various personal injury cases and can help to answer any question you have regarding your settlement. So give Truskett a call, and we’ll be happy to schedule a free case evaluation!
Don’t risk it. Call Truskett.